L2 to H1B COS RFE and L1B to H1B approved


My name is Abhijeet and I am in US on L1B visa. My wife works on EAD and our Visa and I-94 are expiring in November, 2013.

My company has applied for my H1B in April and I got the approval. We did not apply for my wife's H4 as my Wife's company applied for her H1B. She got RFE on her case.

Now the thing is that, my COS will change to H1B on 1st October and my wife doesn't have her H1B because of RFE and her L2 will go away.

My questions are:

1. Should we apply for her H4 or it is fine to stay here without any visa until her H1B case is resolved?

2. Should we reply to the RFE in premium and expect to get result before 1st October, 2013? we still have 11 working days.

3. My Visa team member in my company told that we cannot process H4 in premium so I am worried that if her H1B gets approved first and then H4 then her H1B will go away.

Please suggest what is the best thing to do in this situation.

Thank you very much in advance for the advices

Mine is exactly reverse. My comapny filed H1 ( I am on L1 ) alongwith it H4 was filed for my wife. One employer filed my wife’s H1 and it got approved last week, and mine went in to RFE last week hence I have asked my employer to withdraw H4 application before RFE documents are sent out USCIS because of last action rule , and they are in process of doing it.

Is your wife’s RFE very complex ? Do you have all required documents to submit which you think that it will clear RFE ? If yes, converting to PP may give you result quickly and wait till last week of September.

If the decision is not out by last week of sep, I think you can e-file H4 application just before Oct 1st so that she would not be out of status and as soon as her H1b case decision is out, you can withdraw H4 application.

This is just opinion, please check with both comapnies attorney’s before proceeding.


Thank UmaMahesh for replying.

Yes the RFE is not very complex and they have gathered all the evidences and going to submit it on Monday. It was mostly about the company not about her. We have asked them to convert to PP, hopefully they will do it.

I am hoping to get everything done well :slight_smile: